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Same-Sex Marriage/Engagement & Immigration

Congratulations, you are engaged or married! And you may be wondering if you can bring your same-sex spouse or fiancee to the United States. Well the answer to your question is yes! If you are in a same-sex relationship, the application process is the same as it is for any other couple.

If your spouse is already in the United States, you can file the I-130 and I-485 concurrently to obtain a green card for your significant other.

If your spouse is NOT in the United States, you will have to go through consular processing. First you have to file the I-130 and once that is approved, you will schedule an appointment with the closest U.S. consulate office. Go to your interview, be granted your visa, come to the U.S. and THEN receive your green card in the mail.

The most important thing to remember in this scenario is, if you were NOT married in the United States, you MUST have been married in a country that LEGALLY recognizes same-sex marriage or your marriage will not be considered valid when you apply for your spouse.

If you are a fiancee, you will file for the K-1 visa and you can find the requirements for a K-1 visa in my previous blog post here.

If you are in a same-sex relationship and have any questions about bringing your significant other over, please call our office at 508-438-1198.

THIS POST WAS WRITTEN BY ATTORNEY JAMIE COSME. IT IS INTENDED FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT LEGAL ADVICE.

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